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  1. #1
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    Hit by car should insurance pay for replacement bikes?

    My wife and I were run down about 2 months ago, bikes are ruined and the attorney is saying we are not going to get replacements just depreciated values, I want new bikes as ours had lifetime warrantys. Any thoughts on how to make the insurance company see it the correct way and replace what we had or are we out nice bikes that we can no longer afford to replace?
    robdamanii

    He's really a zombie. Shoot him in the head. 30 times. With a nail gun.

    And then stab his liver for good measure.

  2. #2
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    They have to replace exactly what you had. In this case it was a bicycle with a lifetime warranty. If they can find a compatable quality used bike with that warranty, they can give you the depreciated price with which you can BUY EXACTLY WHAT WAS DESTROYED. They have to replace what YOU lost, not what is cheapest for them to acquire. The warranty is an ESSENTIAL part of your loss. They have to replace that. If it costs more, cry me a river.

  3. #3
    Fred the Clydesdale
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    I think they calculate the value of the bikes and give you a check. Oh, they should also cover any medical bills related to the incident.
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  4. #4
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    The insurance is not even close to covering my medical bills that is falling on my health insurance and my car insurance for under insured motorist coverage. I am really hoping to at least get a bike to ride when I am finally able and that will probably be around mid June.
    robdamanii

    He's really a zombie. Shoot him in the head. 30 times. With a nail gun.

    And then stab his liver for good measure.

  5. #5
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    Quote Originally Posted by the embalmer View Post
    My wife and I were run down about 2 months ago, bikes are ruined and the attorney is saying we are not going to get replacements just depreciated values, I want new bikes as ours had lifetime warrantys. Any thoughts on how to make the insurance company see it the correct way and replace what we had or are we out nice bikes that we can no longer afford to replace?

    Who's attorney? Yours or the insurance company's? The insurance company doesn't have to buy you a new bike anymore than they'd have to buy you a new 2012 version of your car if the car that was wrecked was an '08, but the insurance company is on the hook for pain and suffering and punitive damages if the driver was negligent. Tell the ins co that if they cover your medical bills and full replacement cost, then they won't have to defend their client in court for the pain and suffering and punitive damages.

  6. #6
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    If you already turned in the quote, and the "attorney is saying we are not going to get replacements just depreciated values" you may be SOL.

    But, you can increase the cost to replace your bikes by parting them out at retail plus tax and labor at the highest retail cost to repair. Every single part. Pedals, cleats, shoes, bar tape, shifters, spokes. Each at full retail individually plus labor and tax. That is what I did with all of my damaged gear so that when the prices were depreciated, I came out about even.


    Then I spent that money at the friendly LBS who helped me out at much less than retail. Win win,.....
    "The lower limit of dietary carbohydrate compatible with life apparently is zero, provided that adequate amounts of protein and fat are consumed."......http://www.nap.edu/openbook.php?reco...10490&page=275

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  7. #7
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    Quote Originally Posted by the embalmer View Post
    The insurance is not even close to covering my medical bills that is falling on my health insurance and my car insurance for under insured motorist coverage. I am really hoping to at least get a bike to ride when I am finally able and that will probably be around mid June.
    Hmm, hate to say it, but then you're probably SOL. Have you looked into coverage on the bikes through your home owners/renters policy?

  8. #8
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    Quote Originally Posted by CBus660R View Post
    Who's attorney? Yours or the insurance company's? The insurance company doesn't have to buy you a new bike anymore than they'd have to buy you a new 2012 version of your car if the car that was wrecked was an '08, but the insurance company is on the hook for pain and suffering and punitive damages if the driver was negligent. Tell the ins co that if they cover your medical bills and full replacement cost, then they won't have to defend their client in court for the pain and suffering and punitive damages.
    If you have record that the accident was not your fault, you should have no out of pocket costs for health or pain and suffering. If this is your attorney, they appear to be doing a poor job.
    "The lower limit of dietary carbohydrate compatible with life apparently is zero, provided that adequate amounts of protein and fat are consumed."......http://www.nap.edu/openbook.php?reco...10490&page=275

    Feel free to PM me nutrition questions. I will answer them if I have time.....

  9. #9
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    The crash was not our fault the car just ran us down from behind and I have no memory of the next week while I was in the hospital. The kids car insurance is bare minimum, and the attorney is going after what may be able to be gotten, you can't squeeze blood out of a turnip, Thats why I want to get the maximum for property damage. The attorney doesn't seem to understand bikes and we had to provide reciepts which showed large "good buddy discounts" which are no longer an option as we have moved from the area.
    robdamanii

    He's really a zombie. Shoot him in the head. 30 times. With a nail gun.

    And then stab his liver for good measure.

  10. #10
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    Quote Originally Posted by the embalmer View Post
    we had to provide reciepts which showed large "good buddy discounts" which are no longer an option as we have moved from the area.
    It doesn't matter how cheaply you purchased the bike. What matters is what it was worth on the day it was destroyed, If you can, look at what Ebay shows for the date and that brand/model.

    N. B. This is a good reason to take photos of your bike every few months.

  11. #11
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    I presume that he is liable for what his insurance doesn't cover, which is where the varying levels of coverage come into play. You pay more, you get higher levels of coverage. you pay less, you;re personally on the hook for the difference.
    If he has crap insurance, that's his problem not yours. I'd talk to my own lawyer about this; you shouldn't have to pay out of pocket for any of this, since none of it was your fault.

  12. #12
    Chris S
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    This happened to me except the driver had NO insurance, not even a licence. I had to sue my insurance company under my uninsured motorist. Luckily I have or had great insurance and they paid my full amount which was 50 k . Keep in mind I had to pay back my insurance company then the lawyer got his share. At least I got to buy a new bike and spent alot more than my old one was worth. Since then my insurance has dropped me but oh well not my fault.Good luck. It took me about 8 months before they settled then about another month before I got a check.

  13. #13
    Burnum Upus Quadricepus
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    My experience is considerably different than what I've read so far in this thread.

    In April 2009 I was hit by a car--left cross on the green in a signaled intersection. Car's front bumper hit my left leg. The driver was cited for failure to yield.

    I was riding a nine-year-old bike. My LBS estimated damages at about 150% of the original value of the bike.

    The insurance company paid that amount in full, no questions asked. I was happy with that.

    No lawyers either.

    This was in New York State. Your state may vary.

  14. #14
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    Quote Originally Posted by the embalmer View Post
    The insurance is not even close to covering my medical bills that is falling on my health insurance and my car insurance for under insured motorist coverage. I am really hoping to at least get a bike to ride when I am finally able and that will probably be around mid June.
    If they were at fault, I can't understand how their insurance isn't covering your medical bills.
    Do YOU have a lawyer? Sounds like a bad motorist might need to be sued...
    Capt Willard: "Every minute I stay in this room, I get weaker, and every minute Charlie squats in the bush, he gets stronger."

  15. #15
    PhotonFreak
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    Quote Originally Posted by RRRoubaix View Post
    If they were at fault, I can't understand how their insurance isn't covering your medical bills.
    Do YOU have a lawyer? Sounds like a bad motorist might need to be sued...
    Sounds like the driver had minimum liability covereage which depending on the state is something paltry like $10-15k, a joke compared to serious medical expenses.

    If that's the case I don't understand why itemizing the cost of the bike etc. matters -- the lawyer (assuming this is the victim's lawyer) should sue the driver personally for the medical expenses. The drivers insurance shuold then pay out whatever the drivers' coverage limit is, and the driver should* be personally on the hook for the balance.



    *Of course at the pace the courts move, it might take a long time to litigating the case, and even if after all that the driver loses the case and ends up with judgments against him in the form of garnished wages/liens, the victim may not see a dime beyond the insurance company's limits for years if ever.

    [rant]
    IMO I believe minimum liability levels should a few hundred thousand dollars given the cost of chronic medical care associated with any sort of serious auto accident. I'm aware a lot of poor people may not be able to afford those kinds of coverage levels without government subsidy, but fact is, that sort of liability/risk should be considered as part of the true cost of having car-based transit a the only viable option. While public transit is commonly criticized as not being economically viable, that may not be the case when if the true cost of traffic accidents were accounted for rather than just letting victims be SOL most of the time.
    [/rant]

  16. #16
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    Like Bruce said have an estimate made for cost to repair, perhaps they will take that cost. Another option may be your home owners or renters insurance, some policies would cover replacement of your bike.

  17. #17
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    CBus660R has it right regarding your bikes. You bike is no different than a car so don't expect to get a replacement.

    Unless: You recover the balance through the Pain and Suffering portion of the claim.

    CBus660R also has it right regarding how to negotiate getting your bike replaced. If you're not a savvy negotiator, hire a lawyer.

    I've been hit by cars three times and seen all the various scenarios play out.

  18. #18
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    If it's YOUR attorney, get a new one! Your should get comparable replacement value for your bikes, clothing, helmets, and anything else that was damaged, in today's dollars.
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  19. #19
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    You should get your bikes replaced with new ones. It isn't reasonable to find a comparable used bike and you wouldn't have a warranty any longer.

    You might want to look for another attorney, yours sounds like an idiot or he's being lazy. When I got hit, my 2 year old bike was replaced with a new bike.

  20. #20
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    Quote Originally Posted by PhotonFreak View Post
    [rant]
    IMO I believe minimum liability levels should a few hundred thousand dollars given the cost of chronic medical care associated with any sort of serious auto accident. I'm aware a lot of poor people may not be able to afford those kinds of coverage levels without government subsidy, but fact is, that sort of liability/risk should be considered as part of the true cost of having car-based transit a the only viable option. While public transit is commonly criticized as not being economically viable, that may not be the case when if the true cost of traffic accidents were accounted for rather than just letting victims be SOL most of the time.
    [/rant]
    No wonder my insurance is so high in Canada, our most basic policy has 1 million liability coverage, and we don't have the medical bills that the states does......When I was hit a number of years ago, the insurance company covered the whole replace cost of my bike, plus since I used it to commute to my jobs they also covered cost of bus and taxi fares that I was taking until I recovered enough from my injuries to ride again.

  21. #21
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    My experience is the same a "brucew"; I was rear ended at a stop lot by a car and the insurance company had me take the bike to the LBS for an estimate and then just wrote me a check. I think in my case they were glad that I was not claiming any injuries and that they were doing well just by paying me the value. Again no attorney's involved.
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  22. #22
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    Quote Originally Posted by the embalmer View Post
    My wife and I were run down about 2 months ago, bikes are ruined and the attorney is saying we are not going to get replacements just depreciated values, I want new bikes as ours had lifetime warrantys. Any thoughts on how to make the insurance company see it the correct way and replace what we had or are we out nice bikes that we can no longer afford to replace?
    I got hit ( actually, she pulled out right in front of me) years ago. I got a quote for a replacement bike, sent to her auto insurance co. They did the "depreciation dance". I asked my lawyer what to do. He said to call the insurance co. and tell them that my neck was really sore, and I may need to go to a doctor. 2 days after making that call, I had a check for full replacement cost, and on the back, where you endorse the check, it said something about, "by endorsing and accepting this payment, I waive any rights to any future claims from this incident".

    Got a new bike, and my neck is great.
    Just ride.

  23. #23
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    Apparently most posters in the tread are missing the most important piece of information posted by the original poster in the post #4 (incidentally the OP forgot to include it into the first post).

    Quote Originally Posted by the embalmer View Post
    The insurance is not even close to covering my medical bills that is falling on my health insurance and my car insurance for under insured motorist coverage.
    This implies that the driver happens to be underinsured. In this situation no attorney will be able to extract from the driver's insurance company more money than they have to pay under the terms of their contract with the driver.

    If the driver is indeed underinsured, then in order to recover any additional damages you'll have to go after the driver directly, assuming that driver is... well, "sue-able", i.e. has assets that they need to protect in a situation like this. If they do, then their other insurances will kick in (like homeowners insurance, for example).

    But if the driver has no serious assets, then you are screwed. Your payments will be limited by what their insurance company will pay you. If you attempt to go to a lawyer in a situation like that, they will simply laugh at you.

  24. #24
    Fred the Clydesdale
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    I haven't ever been hit while on a bicycle, but with car accidents, I have experience. Your insurance company should be able to go after his insurance company.

    Your statement about him not being well insured can't be right. Everyone is required to have liability insurance. Liability insurance is a minimum of $50k in our state. Was the amount of injury or loss of bicycles greater than $50K? I doubt it.

    Here is a link that shows minimum liability insurance by state:

    State-by-State Minimum Car Insurance Requirements

    I was wrong, MD requires at least 30k per person with a maximum of 60k per incident. The required liability insurance for property damage is only 15k in MD. I know I carry a lot more than the minimum, because legally, they can go after me when the insurance runs out.
    Last edited by rider9; 04-15-2012 at 02:40 PM. Reason: Linky
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  25. #25
    PhotonFreak
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    Quote Originally Posted by rider9 View Post
    I haven't ever been hit while on a bicycle, but with car accidents, I have experience. Your insurance company should be able to go after his insurance company.

    Your statement about him not being well insured can't be right. Everyone is required to have liability insurance. Liability insurance is a minimum of $50k in our state. Was the amount of injury or loss of bicycles greater than $50K? I doubt it.
    Most states have far lower minimum coverage per person than $50k: State-by-State Minimum Car Insurance Requirements

    Arizona for example is 15/30/10 ( injury per-person / injury per accident / property), some states are as low as $10k for personal injury.

    A multi-day hospital stay and surgeries can easily exceed $10-15k. This is why I carry $500k in un/underinsured.

    I didn't think about this in my previous post but since personal injury and property damage are separate, it does still make sense to go for as much as possible on property even if the personal injury limit is maxed out.

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